Posts

Rights defenders ask UN: ‘Probe alarming record of Marcos gov’t’

/in /by

A group of Filipino human rights advocates are in Geneva, Switzerland to attend the ongoing 54th Session of the United Nations Human Rights Council (UNHRC) and seek an evaluation of the United Nations Joint Program (UNJP) being implemented in the Philippines.

A delegation of the Philippine UPR (Universal Periodic Review) Watch said the UN must conduct a comprehensive, relevant and participatory evaluation of the program as it is failing to improve the human rights situation in the country.

The UNJP is also unable to significantly address continuing human rights violations in the Philippines with the Ferdinand Marcos Jr. presidency virtually indistinguishable from the Rodrigo Duterte regime in terms of red-tagging, weaponization of laws and the people’s worsening poverty.

“PH UPR Watch calls on the UNHRC to seriously look at the alarming human rights record of the Marcos Jr. administration and the harmful policies perpetuating it,” the PH UPR Watch in a statement said.

The delegation said the Marcos government is abusing the Anti-Terrorism Act of 2020 and the anti-terrorism financing law in persecuting critics even as the UNJP is being implemented by the UN, the Philippine government and private sector stakeholders.

Launched in 2021, the UNJP is an attempt to help the Philippine government in realizing its responsibilities in recognizing and upholding human rights.

The program conducts trainings and dialogues with the military, police and various government agencies on human rights and international humanitarian law in partnership with the Commission on Human Rights and civil society groups.

The Duterte government agreed to the program in place of a full investigation as recommended by the UNHRC following an Iceland-sponsored resolution in 2019 to probe into thousands of deaths resulting from the so-called drug war in the Philippines.

PH UPR Watch however said that there had been no significant improvement on the human rights situation in the Philippines even after three years of UNJP implementation, evidenced by the worsening weaponization of laws and incessant red-tagging by the National Task Force to End Local Communist Armed Conflict of critics and political dissenters.

The delegation also complains of an ongoing wholesale violation of the Filipino people’s economic rights as shown by uncontrolled rise in the prices of oil products and basic food items.

The PH UPR Watch delegation at the UNHRC’s 54th Session is composed of representatives from Karapatan, National Union of Peoples’ Lawyers, Kalikasan People’s Network for the Environment, National Council of Churches in the Philippines, United Church of Christ in the Philippines, Alliance of Concerned Teachers, Rise Up for Life and for Rights, and the KATRIBU – Kalipunan ng Katutubong Mamamayan ng Pilipinas.

The group will engage in dialogues with various UN special rapporteurs and country representatives as well as present their findings before the UNHRC to shed light on widespread human rights violations. # (Raymund B. Villanueva)

Gov’t loses bid to stop probe of Duterte’s drug war

/in /by
Groups welcome decision; urges Marcos to let investigations continue

Local groups welcomed the decision of the International Criminal Court (ICC) to reject the Philippine government’s appeal to stop its investigations into thousands of cases of extrajudicial killings in Davao City and under the previous Rodrigo Duterte government.

In announcement Tuesday, July 18, the international tribunal said the Philippine government failed to show any error in the pre-trial chamber’s decision to authorize the investigation.

The Hague-based ICC also found that the Philippine government had not met its burden of proof to show its investigation would be “unnecessary or disproportionate.”

Human rights group Karapatan said it is high time the ICC investigation proceeds without a hitch to give justice to the victims of Duterte’s anti-drug war.

“There is urgent need for international mechanisms such as the ICC to come in because all domestic investigation mechanisms presented by the Duterte and the current Marcos regime in response to calls for justice and accountability are ineffective and only meant to window-dress the current dire human rights situation,” Karapatan secretary general Cristina Palabay said.

Karapatan lauded the families of the families of victims and their lawyers for their “courage, perseverance and tenacity” in having the investigations continue.

“Let this welcome development further inspire the Filipinos’ struggle for justice and accountability. We remain steadfast in the call to hold Duterte and those responsible for the bloody drug war and other human rights violations held fully accountable,” Palabay said after learning of the ICC decision.

The Philippine Alliance of Human Rights Advocates (PAHRA) said the ICC decision is a significant victory for Duterte’s drug war victims and for the ICC’s efforts to hold perpetrators of crimes against humanity accountable.  

“It also sends a strong message to governments around the world that they cannot violate international law with impunity,” it added.

The International Criminal Court announces its judgement on the continuation of the investigation into extrajudicial killings in the Philippines as July 18 in Brussels, Belgium. (ICC photo)

Escaping accountability

Upon submissions of complaints to the ICC on the Duterte government’s drug war killings starting 2017, the Philippine government in March 2018 withdrew its participation in the tribunal in an attempt to save the former president and cohorts from trial.

Previously, both Duterte and top police generals publicly bragged about the killing of thousands of suspected illegal drug personalities.

With a Duterte as vice president and their respective dynasties as allies, the current Ferdinand Marcos Jr. administration upheld the move to reject ICC’s investigations.

The Marcos government also echoed the Duterte government’s line the ICC investigations violate Philippine sovereignty since the country is no longer a part of the tribunal.

Rights groups however pointed out that the complaints were received when the Philippines was still a signatory to the Rome Statute that created the tribunal.

Bagong Alyansang Makabayan (BAYAN) president Renato Reyes Jr. yesterday urged the government to stop invoking sovereignty just to escape accountability for the killings, even for just the 6,000 victims it acknowledged from 2016 to 2018.

“It seems that when it comes to the question of human rights accountability, the current regime does not try to hide how very much the same it is to the previous regime. No rebranding and no pretensions there of any sort. Just a firm commitment to the same brand of impunity that became a hallmark the past regime,” Reyes said.

‘Killings continue’

Members of Rise Up for Life and for Rights, an organization of families of victims of the killings, gathered at the Boys Scourts Monument in Quezon City Tuesday to await ICC’s announcement of its decision.

Amy Jane Lee of Rise Up said: “We will continue to speak up, find justice and struggle. Duterte is no longer president but the killings continue.”

“The truth is, ICC’s decision does not even erase the pain. Only time, humility of the aggressors and their accountability would heal our wounds,” Lee added.

Their lawyers however cautioned the families that the ICC decision only ruled on the government’s petition to defer the investigations but refused to rule on the challenge of jurisdiction and admissibility.

“The victims intend to communicate with the Office of the Prosecutor, as well as the Office of the Public Counsel for Victims, and have sought to be represented by an independent legal representative as well,” members of the National Union of Peoples’ lawyers said.

‘Not worried’

In a radio interview, Senator Ronald de la Rosa said he is not worried about the ICC investigation saying he will just take extra precautions when travelling abroad.

Among those named as perpetrators of the drug war killings, de la Rosa said his current travel plans are between Manila and Davao anyway.

De La Rosa was director general of the Philippine National Police when the killings were launched in 2016.

Former president Duterte has yet to issue a statement about the ICC decision. # (Raymund B. Villanueva)

NUPL asks Teodoro to uphold duties of lawyers

/in /by
‘Anti-terror charges vs rights defenders alarming’

Human rights lawyers asked national defense secretary Gilbert Teodoro, himself an attorney, to uphold their duties as counsels to their clients.

In a hand-delivered letter in front of Camp Aguinaldo in Quezon City Friday, July 7, the National Union of Peoples’ Lawyers (NUPL) urged Teodoro to respect the United Nations Basic Principles of on the Role of Lawyers in the context of protecting the human rights of their clients as well as promoting justice.

The five-page letter is accompanied by a separate letter by Nieves Lizada, mother of human rights defender Mary Joyce who is detained at the Philippine Army’s (PA) Camp Capinpin in Tanay, Rizal.

The letters were handed out to a representative of the Office of the National Defense Secretary.

The event was accompanied by a protest action by human rights workers from Southern Tagalog and Metro Manila.

Southern Tagalog human rights defenders demand the freedom of two of their colleagues. (NUPL photo)

‘No rule of law’

The NUPL cited the case of Mary Joyce and Arnuldo Aumentado who are being denied access to their lawyers; the case of sugar farm workers Alfred Manalo, Lloyd Descalar and Angelito Balitostos who were abducted by government soldiers; and Southern Tagalog (ST) youth rights defenders Kenneth Rementilla, Jasmin Yvette Rubia, and Halley Pecayo who were harassed and red-tagged by the PA.

Called the Mansalay 2, Mary Joyce and Aumentado were investigating the shelling of a Mangyan community in Oriental Mindoro province when arrested by the PA last April 25.

Despite two previous consultations with their lawyers on June 3 and June 28 in Camp Capinpin, the two have since been denied time with their counsels and have yet to be taken to a civilian jail even after indictment from a regional trial court.

In their letter, the NUPL also complained of the harassment of their members from the Sentro Para sa Tunay na Repormang Agraryo (SENTRA) who responded to requests for assistance for sugar farm workers Manalo, Descalar and Balitostos, also called the Balayan 3.

A certain Lt.Col. Ernesto Teneza filed a complaint against the SENTRA lawyers at the Commission on Human Rights IV-A office despite being responsible for blocking the lawyers’ access to the farm workers.

The NUPL also said the ST youth rights defenders were harassed on two special occasions in the PA’s efforts to prevent them from investigating the killing of 9-year old Kyllene Casao by soldiers of the PA’s 59th Infantry Battalion.

‘As alter ego of the Commander in chief’

In their letter, the NUPL called on Teodoro to exercise his supervision over the Armed Forces of the Philippines, as well as the following demands:

  1. Those arrested, detained and imprisoned are provided opportunities to consult with a lawyer without delay, interception or censorship and in full confidentiality;
  2. Lawyers are allowed to travel and consult with their clients freely and without threats and prosecution;
  3. The military should refrain from filing trumped-up charges of terrorism and terrorism-related offenses against human rights defenders; and
  4. Officers and commanders of the 2nd Infantry Division and the 4th and 59th IBs be investigated for possible liabilities in the incidents mentioned.

“We hope that you will take these calls as a challenged to balance your tasks of guarding the country against security threats with the imperative of fulfilling the Philippine government’s obligations to respect human rights and international humanitarian law,” the NUPL wrote.

The lawyers’ group said 13 Anti-Terrorism Law charges have been filed against rights defenders and other civilians throughout the region.

In her own letter, Lizada asked Teodoro to immediately free Mary Joyce or be transferred without delay to a civilian jail.

There was no immediate response to the letters from Teodoro’s office. # (Raymund B. Villanueva)

Rights defenders at UN: Violations continue amid worsening economic crisis in PH

/in /by

Filipino rights defenders urged the United Nations (UN) anew to investigate violations in the Philippines at the ongoing 53rd Human Rights Council (HRC) meeting in Geneva, Switzerland.

Representatives of organizations Center for Environmental Concerns, Coalition for People’s Rights to Health, Council for Health and Development, IBON Foundation, Kilusang Mayo Uno and the National Union of Peoples’ Lawyers (NUPL) said abuses and lack of accountability are continuing under the year-old Ferdinand Marcos Jr. presidency.

The human rights violations are happening amid worsening economic crisis, the groups that are part of the Philippine Universal Periodic Review (UPR) Network said.

The organizations reported it participated in interactive dialogues with UN Special Rapporteurs reporting before the UN HRC on the issues of physical and mental health, protection and promotion of human rights in the context of climate change, and the independence of judges and lawyers.

NUPL chairperson Edre Olalia (left) in a side event at the United Nations Palais des Nations in Geneva, Switzerland. (Supplied photo)

They added they have talked to other UN experts, working group members and their representatives, including those on enforced disappearances; extrajudicial, summary or arbitrary executions; peaceful assembly and of association; independence of judges and lawyers; climate change; right to food; business and human rights; and on leprosy.

“Beyond the optics and rhetoric of the Marcos Jr. administration, we come once again to the UN to hold power to account by presenting our data and recommendations,” NUPL chairperson Edre Olalia said.

Olalia added that their reports can serve as an alternative to State-backed narratives on the rights of the Filipino people.

In March, Philippine government representatives formally accepted select recommendations made by UN HRC member states at the 4th cycle of the UPR of the country’s human rights record held last November.

The Philippine UPR Watch said that there is lack of progress on civil and political rights violations in the country, adding there remains the absence of significant measures to address “deeply-rooted problems.”

The groups said these include problems on wages and job-security, precarious and hazardous work, poverty and inequality, ill health and poor services, and environmental distress and climate change.

“By failing to install robust mechanisms and staunch guardrails to respect, protect and fulfil human rights in the Philippines, those who raise dissent or dare challenge State narratives face harassment, intimidation, red-tagging, surveillance, or death,” the delegation said in a statement.

“The lives of countless workers, lawyers, judges, health workers, environment defenders, and development workers are senselessly taken, and basic democratic rights are continuously attacked with impunity,” Olalia further explained.

The human rights lawyers however said these fuel their resolve to tirelessly make their voices heard by the international community and to ask them to investigate injustices in the Philippines.

The 53rd Regular Session of the UN HRC is ongoing from June 19 to July 14. # (Raymund B. Villanueva)

Groups ask Court to reduce Tondo 3 bail amount

/in /by
P1.41 million ‘excessive’, ‘humongous’

Lawyers and human rights groups asked the court to reduce the bail amount for three Tondo activists arrested in November 2019 to allow them to spend Christmas with their respective families.

In a joint motion, the National Union of Peoples’ Lawyers (NUPL) asked Manila Regional Trial Court (RTC) Branch 47 Judge Paulino Gallegos to reduce the amount by half for each of them: From ₱420,000 imposed on Reina Mae Nasino and Alma Moran to ₱210,000 each, and from ₱570,000 to ₱285,000 for Ram Carlo Bautista.

The joint motion notes that it is “within the sound discretion” of the Judge to adjust the bail amount it originally set as the 2018 New Bail Bond Guide of the National Prosecution Service are merely recommendatory to assist the courts.

The motion added the three are full-time human rights workers, “earning only what was necessary for daily sustenance,” and they come from low-income, working-class families.

“Nakakalula. Hindi namin po kakayanin yon,” appealed Nasino’s mother, Marites Asis, who accompanied the filing of the petition on Wednesday, December 14.

Judge Gallegos ordered the provisional release of the three activists last Monday, December 12, citing the failure of the prosecution to prove strong guilt against the three activists on charges of illegal possession of firearms and explosives.

The 12th Division of the Court of Appeals earlier said that the search warrant used in their arrest failed meet the standards of a valid search warrant, rendering all evidence gathered by the police raid “inadmissible.”

Political prisoner support group Kapatid said it is ironic that the poor and innocent have to stay in jail longer because they don’t have the money to pay for their freedom.

“But the rich and powerful like Imelda Marcos get a lower amount of bail though convicted for stealing 10.5 billion pesos of public funds,” Kapatid spokesperson Fides Lim said, citing the former First Lady’s bail amount of P411,000 upon her conviction in November 2018.

Rights group Karapatan said that while it welcome’s the Court order for the temporary release of the three activists, it found the P1.4 million cumulative amount as “excessive.”

“[T]he humongous amount being demanded by the court is tantamount to depriving them of the liberty they deserve,” Karapatan secretary general Cristina Palabay said.

“In the interest of justice, we urge the court to reduce the Tondo 3’s bail considerably and allow them to spend Christmas with their families,” Palabay added. # (Raymund B. Villanueva)

Marcos fails to impress activists in inauguration speech

/in /by

Among those who closely listened to Ferdinand Marcos’ Jr’s inauguration speech, activist groups were unimpressed with the new Philippine president’s words, calling it a string of worn-out rhetoric without concrete programs to address the country’s problems.

Human rights lawyers said they have heard Marcos Jr’ words more than half a century ago, adding his mantra of unity is but a tired cliché and cosmetization for continuing impunity for past, present and even the future wrongs.

“Yet prove us wrong that the dark, dangerous and sordid yesterdays are not going to be our same bad, base and miserable todays and tomorrows,” National Union of Peoples’ Lawyers president Edre Olalia said.

Bagong Alyansang Makabayan (Bayan) said Marcos Jr’s only used the historic event to heap praise on his father’s so-called legacy, conveniently avoiding any mention of the ousted dictator’s fascism in his long reign in the 60s to the 80s.

“He was very selective in what he wanted to highlight with his father’s so-called achievements, and even those need to be fact-checked and not be taken as gospel truth,” Bayan secretary general Renato Reyes Jr. said after the new president’s inauguration on Thursday, June 30.

Reyes said that Marcos Jr’s claim he shares the same dream as the ordinary Filipino is mere platitude, omitting mention of his privileged position.

“The major issues such as high oil prices, crushing taxes, low wages, and human rights were altogether ignored or left out,” Reyes added.

Reyes pointed out that Marcos only promised to “get things done” but fails to give any concrete program how he intends to do so.

“Twice he tells us a comprehensive plan is being draw up to address the issues facing the people. The public however will have to wait until the incoming regime gets its act together, and even then, we are unsure of the outcome of Marcos’ pronouncements,” Reyes said.

“We should brace ourselves for more of the same. Indeed, there are no reasons to celebrate this day,” he added.

Marcos’ failure to present even an outline of an economic agenda also disappointed

IBON Foundation’s Sonny Africa who said Marcos Jr appeared to have failed to prepare since he won the elections in May.

“A serious presidency would’ve have prepared its economic agenda long ago and not waited until after elections. Our huge problems deserve no less,” Africa said.

“President Marcos and his economic team clearly aren’t ready nor brining any new ideas to fix our old problems,” Africa added. # (Raymund B. Villanueva)

Court convicts soldiers for 2010 murder of Bayan Muna coordinator Ben Bayles

/in /by

Two enlisted Philippine Army personnel were convicted for the June 2010 murder of Negros Occidental Bayan Muna Party coordinator Benjamin Bayless in June 2010.

In a March 31, 2022 decision, Acting Presiding Judge Ana Celeste P. Bernad of Branch 42 of the Bacolod City Regional Trial Court found Rafael C. Cordova and Reygine G. Laus guilty for the murder of Bayles in Himamaylan City.

“From the entirety of the testimonial and documentary evidence proffered by the prosecution, this Coutt is of the considered view that the prosecution was able to establish the guilt of the accused by the quantum of proof sufficient to produce a moral certainty that would convince the conscience of those who are to act in judgement,” Judge Bernad’s decision reads.

In addition to life imprisonment (reclusion perpetua), the Court also ordered the convicts to pay Bayles’ heirs a total of Php300,000 as civil indemnity, moral damages and exemplary damages.

The convicts were tried as Roger Bajon and Ronnie Caurino, respectively, names they gave the Himamaylan Police when arrested after the shooting.

The soldiers were wearing helmets onboard a black Honda TMX motorcycle with no license plates when arrested by the police who were alerted by a witness to the shooting.

The police also confiscated two unlicensed .45 caliber handguns with live bullets from Cordova and Laus.

During a hearing in April 2013, then 61st Infantry Battalion commander Lt. Col Ricardo B. Bayhon identified the two murderers as military enlisted men.

National Union of Peoples’ Lawyers president Edre Olalia welcomed the conviction, crediting the victory to lawyer Benjamin Ramos who acted as one of the private prosecutors in the case.

Ramos was himself assassinated in November 2018.

“This is for you, Ben Bayles and Ben Ramos, the latter who was with us to see this through before he himself was killed in 2018,” Olalia said in a statement.

“This is a clear message and warning to those who think there is immunity for impunity,” he added. # (Raymund B. Villanueva)

Reaksyon ng isa sa naakusahan sa pagbasura ng RTC sa gawa-gawang kasong pagpatay

/in /by

Nakapanayam ng Kodao Productions si Satur Ocampo mula sa Koalisyong Makabayan, isa sa 15 inakusahan ng gawa-gawang kaso ng multiple murder hinggil sa Hilongos mass graves. Inilabas noong Disyembre 16 ng Regional Trial Court (RTC) Manila Branch 32 ang kautusang pagbasura sa nabanggit na kaso.

Rights lawyers ask ICC to continue investigating Duterte’s drug war murders

/in /by

Human rights lawyers requested the International Criminal Court (ICC) to continue with the conduct of a full-blown investigation into President Rodrigo Duterte’s alleged drug war atrocities.

Even as the Hague-based international tribunal has agreed to defer its investigation, the National Union of Peoples’ Lawyers said the Philippine government’s request is merely a “belated action” to whitewash the mass killings.

“These domestic ‘remedies’ described by the Philippine ambassador (to The Netherlands) in his letter have proven utterly ineffective in stopping wave after wave of drug-related killings, the imprisonment of thousands of poor Filipinos on questionable charges, and the commission of countless human rights violations during the anti-drug campaign,” the group said.

In his letter to the ICC, Ambassador J. Eduardo Malaya asked the ICC to defer to Philippine domestic remedies when it comes to the investigation into crimes against humanity in connection with the drug war.

President Duterte and several other government officials are charged before the ICC of the murder of thousands of suspected drug dependents.

ICC Prosecutor Karim Khan reported on November 18 that his office temporarily suspended its investigative activities while it assesses the scope and effect of the Philippine government’s deferral request.

Khan however said his office will continue its analysis of information it already has, any new information it may receive from third parties, as well as “actively assess the need for applications to the Pre-Trial Chamber for authority to conduct necessary investigative steps for the preservation of evidence.”

Saving Duterte

In opposing the Philippine government’s petition, the NUPL said the Duterte administration has failed to hold perpetrators accountable for at least six thousand of drug-related killings.

“[T]he Duterte administration is now suddenly waving the DOJ (Department of Justice) investigation into some low-ranking police personnel for a handful of killings – 52 out of tens of thousands  –  as an indicator that domestic mechanisms are working. We know better,” the NUPL said.

Justice secretary Menardo Guevarra announced on October a formal agreement is being drafted between the National Bureau of Investigation and the Philippine National Police (PNP) for an investigation into cases of irregularities in anti-drug operations.

But the NUPL said the 52 cases the PNP itself identified “conspicuously excludes the possibility of investigating President Duterte and other high-ranking officials who are most responsible” for the killings.

The group agreed with the ICC prosecutor and the tribunal’s pre-trial chamber’s previous assessment that the crimes were the result of an established state policy.

Duterte himself has repeatedly said he takes responsibility for the killings.

The NUPL said the ICC investigations have given the families of the victims a faint glimmer of hope, which would be dashed if the international tribunal takes on the side of the Philippine government.

“We ask the ICC not to allow itself to be swayed by the claims now being made the Duterte administration,” the NUPL said. # (Raymund B. Villanueva)

Groups on DOJ review of 52 drug war deaths: ‘Paltry, late, tentative’

/in /by

Human rights group Karapatan urged the Department of Justice (DOJ) to go beyond reviewing and further investigating the 52 cases of alleged extrajudicial killings by police officers under the Rodrigo Duterte government’s drug war.

In response to the DOJ’s reported disclosure of the details of the cases, Karapatan secretary general Cristina Palabay said the public, most especially the families of the victims, deserve clear answers to several questions.

“[W]hat are the patterns in these killings? Who are the perpetrators and from what basis or orders have they conducted the said violations? What are the implications of the policies of the Philippine National Police as well as the President’s pronouncements on such acts” Palabay asked.

The DOJ statement.

In a statement, the DOJ said it concluded its review of 52 cases submitted by the Philippine National Police and its Internal Affairs Service that resulted in deaths during the course of the so-called war on drugs and has referred them to the National Bureau of Investigation.

“These cases are to undergo further investigation and case buildup for the possible filing of charges against erring police officers,” the DOJ said.

The DOJ also said it authorized the release of information concerning the cases for the purpose of informing the families of the victims and to invite witnesses to provide information on the killings.

Palabay however said the DOJ decision is not only too late but is too little.

“Why are only .8% of the 6,151 reported deaths by the Philippine Drug Enforcement Agency being investigated and reviewed?” Palabay asked.

Palabay added the decision can only be mere window dressing by the Duterte administration amid scrutiny by the International Criminal Court and the United Nations Human Rights Council.

“Without establishing the clear patterns of killings, as well as the level of command responsibility and policy issues on these violations, such piecemeal acts do little to render justice and to will and institute genuine policy change,” Palabay said.

National Union of Peoples’ Lawyers president Edre Olalia agreed with Palabay, saying “the paltry number, the inordinate lateness, and the unusual tentativeness” of the DOJ decision may be viewed as “more of going through the motions rather than as a thoroughgoing and proactive desire to decisively stop the carnage and the impunity.

“[W]hy are these extrajudicial killings happening in the first place and why are a puny number of ‘erring police officers’ taking the fall all alone even at this very overdue time?”Olalia asked. # (Raymund B. Villanueva)